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1 Oregon Trial Lawyers Association In the Service of Justice July/August Save The Date: The % Cap on Contingent Fees Russ Walker, Oregon Freedom Works, We will refile the 10% Contingency Fee Cap for 2010 Salem Statesman Journal, Sunday, July 13th August Annual Convention Portland Business Meeting Friday, August 15 at 12:30 p.m. Awards Lunch Saturday, August 16 at 12:30 p.m. Inside Distinguished Trial Lawyer Mark Griffin p. 2 Doug Swanson Award Martin Alvey p. 3 Nick Kahl House District 49 p. 5 Convention Schedule p. 6 Campaign Thank Yous p. 8 Once Around p. 11 Convention Countdown p. 12 Within days of being notified that his measures would not qualify for the 2008 ballot, Russ Walker of Oregon Freedom Works announced that he planned to refile his measures for the 2010 election. In May of this year, Walker was prohibited from gathering signatures on his two petitions by the Secretary of State, who ordered the prohibition after the signature gathering firm refused to produce documents to demonstrate compliance with the Oregon Constitution. Tim Trickey, the head of the signature gathering firm, admitted to destroying some of the documents he was required to keep. Walker and crew will need to start from scratch for 2010, which means gathering all 82,000 signatures. Perhaps this time they ll keep the paper shredder unplugged. Victory For All Oregonians! On July 10, the official word came from the Secretary of State s office that the remaining signatures gathered would not be counted due to violations of election law. That meant the supporters of this measure were some 14,000 signatures short of qualifying the measure for the November ballot. We have been expecting that decision since we saw the amount of signatures turned in back on July 2nd. But that was only half of the battle in regards to the signature process. Our amazing legal team of Margaret Olney and Steve Berman spent the past month preparing to fight an expected legal challenge to the Secretary of State s decision. We received word from opposing counsel that the opponents would not be initiating a legal challenge thus the Secretary of State s decision holds. The 2008 campaign to stop the 10% contingent fees cap is over. We are so proud of this membership and trial lawyer associations across the country. We can attribute this success to: 1. Unprecedented early fundraising 2. Diligent and disciplined research 3. A broad coalition of allies led by Our Oregon 4. A kick ass legal team 5. Your belief in our cause and our ability to win 6. We were right on the merits of this initiative and how devastating it would be to working Oregonians access to justice. These elements came together with the blood, sweat, and tears of our membership. Together we were successful in upholding the law. Secretary of State Bill Bradbury also deserves our thanks for enforcing the new initiative law adopted by the legislature in 2007 and forcing more transparency in the signature gathering process. Representative and soon to be Senator Diane Rosenbaum also deserves special thanks for shepherding the Initiative Reform and Modernization Act (IRMA) through the legislature. Volunteers and staff logged thousands of work hours, and months of strategy. Worker Bees swarmed the office providing essential back up for the campaign. With your help and input we made the right decisions and ended this campaign four months ahead of schedule, saving millions of dollars! Not enough can be said about the war chest raised. The $3.6 Million in hard contributions and pledges did three things. It scared off their donors. It built a campaign base. Instead of reacting in the final five months to put together a team, we hit the ground running more than a year before the election, and when they showed weakness in the signature gathering effort we were able to respond in full force. Third, we were able to save a half a million dollars by purchasing our media buy early (yes it s refundable!). The sheer momentum and speed with which you acted overwhelmed our opponents. CONTENGENCY FEES Continues on page 4

2 2 SIDEBAR July/August 2008 Mark Griffin Effects Institutional Change, Restores Respect To Clients For Mark Griffin, being a trial lawyer is about bringing down the institutional structure of fraud on consumers and disrespect for workers being spewed by today s big corporations. Whether he s taking on mortgage lenders who prey on the vulnerable, gaining fair wages for dairy workers or sticking up for civil service custodians when the Portland Public Schools tried to force them out, Griffin has always been a champion of the poor and disrespected. His dedication and work in the areas of public justice have earned him the Arthur H. Bryant Public Justice Award for Mark represents precisely those characteristics that public justice requires: a commitment to the poor and downtrodden; the willingness to speak truth to power; the acceptance of economic and other personal risk to achieve social good; and the skills as a lawyer to achieve substantial success for his clients, said Phil Goldsmith, the 2007 winner of the Arthur H. Bryant Public Justice Award. I ve been very lucky to have done what I ve wanted to do with my career so far, says Griffin. Basically, I m fighting against wrongs that have an economic impact. These are institutional torts, which are seen in employment fraud and predatory mortgage lending cases. St. Louis To Portland To Guam And Back Mark Griffin s story begins in St. Louis, Mo., as one of nine children in a Catholic family. He graduated from the Jesuit institution of St. Louis University in After school he opted Mark Griffin Arthur H. Bryant Public Justice Award Winner. to join the Jesuit Volunteer Corps, which brought him to Oregon to work in a public-interest law firm. This was his first real taste of working in the field of law. I wasn t one of these lawyers who knew right away in high school that I wanted to go into law. I guess I always was on the path to becoming a lawyer but didn t really know that s what I wanted to do, Griffin explained. I became more interested in law once I came out here (Portland) because of the work I was doing. After serving in the Jesuit Volunteer Corps, Griffin attended the University of Oregon School of Law for one year before completing his final two years at Northwestern School of Law at Lewis and Clark College while working as a law clerk. He obtained his law degree in 1976 and went to work as an assistant public defender in Guam. There were a number of people who went to Guam from here. They recruited a lot of clerks from the public defender s office, he said. After two years in Guam, Griffin returned to Oregon serving as Deputy Federal Defender from Griffin then returned to Guam to become the director of the Guam Legal Services Corporation before finally settling down in Portland in Griffin went to work as an associate at the law offices of Henry Carey and later with Jerome LaBarre. This really solidified my interest in plaintiff s law, Griffin said. I knew I wanted to focus on the economic injury caused by big institutions. In 1988, Griffin formed Griffin & McCandlish with fellow Lewis & Clark alum Jim McCandlish (the 2006 winner of the Public Justice Award). Critical Cases Griffin has been involved in many important cases throughout his career but three stand out in terms of why he was chosen for this public justice award. The first was a case involving custodians for the Portland Public Schools in which Griffin worked with attorney Bill Brandt. Since 1935, the Portland Custodians Civil Service Board ensured that potential custodians met rigorous testing requirements GRIFFIN Continues on page 4 The monthly publication of the Oregon Trial Lawyers Association July/August 2008 Sidebar is published by the Oregon Trial Lawyers Association and is distributed as a member benefit. Sidebar informs members about OTLA activities and current events across Oregon, the region and the nation. Reproduction of any material that appears in this publication without permission is prohibited. All text and photos are the work of OTLA staff unless otherwise noted. For editorial and content questions or comments, please contact Michael Austin at or x102. Sidebar is printed on recycled paper, 30% post-consumer content, by Nu-Way, an Oregon union printer SW Taylor St Ste 400 Portland OR Phone: Fax: Executive Director: Beth Bernard Communications Director: Michael Austin Membership Director: Shamus Lynsky Outreach Director: Amy Anderson

3 Martin Alvey, recipient of the Doug Swanson Outstanding Workers Compensation Attorney Award, turned his childhood experiences of growing up in Coos Bay into a lifelong career of fighting for the rights of workers in Oregon. Marty is an excellent workers compensation attorney who advocates vigorously for his clients, says Randy Elmer, the winner of last year s Doug Swanson Award. He is a truly dedicated husband and father and regardless of the pressures of business, he is always there for his family attending their sporting events, taking them to school and he even manages to find time to volunteer as a coach for his kid s football team. In spite of all his commitments and obligations he has still found a way to step up and take a leadership role in OWCA (OTLA Workers Comp section). He is well respected by his peers, opposing counsel and the ALJ corp. On top of all that, Marty is just a good guy and a good friend. He is very deserving of the Doug Swanson award. Doug Swanson was a very good friend of mine, so it s a high honor to be recognized in this way, Alvey said. Alvey has law offices in Portland and Astoria. He is a 1982 graduate of Willamette University and a 1986 graduate of the Northwestern School of Law at Lewis & Clark College. But, you could say his introduction into the importance of the legal system came at an early age. When I grew up, Coos Bay was a lumber and fishing town. It consisted of hard-working people, including my parents and many of the parents of my peers. An on-the-job injury to any of those people would have been devastating, Alvey said. The real effect of on-the-job July/August 2008 SIDEBAR 3 Martin Alvey: A Trusted Fighter For Workers Martin Alvey injuries hit home when Alvey was lucky enough to be hired by Mike Stebbins in North Bend during the summer after his first year in law school. Mike introduced me to the world of workers comp and for the next two summers I served as his law clerk. It was interesting because I worked in a mill during my undergraduate years and some of those co-workers ended up being clients of Mike s. That really solidified that I wanted to go into this line of work. Working for Richardson, Murphy & Lawrence between his second and third year of law school also solidified Martin s interest in plaintiff s law as they were very active OTLA members. All of these factors really influenced my career path. Major Cases With such a rich career helping Oregon s working class, there are many examples of the exemplary work done by Alvey. However, two accomplishments stand out in his mind. The first is Saif v. Kurcin, which eventually was appealed to the Oregon Supreme Court. The heart of the case revolved around whether an ALJ has the discretion to issue a continuance. In 2002 the Oregon Supreme Court upheld the ruling clarifying that an ALJ has that discretion. This decision helps injured workers and maintains the integrity of the hearing process, Alvey said. He also points to the last legislative session in which he authored and helped pass Senate Bill 404, designating injured workers costs would be paid when fighting a denied claim. Marty was the single person most responsible for passage of the cost bill in the 2007 legislative session, said Bob Carlson of Kryger Alexander Egan Elmer & Carlson PC. This bill eased the financial burden on workers by requiring that insurers reimburse them for the costs they incur in prevailing in a denied claim. Marty drafted the bill and bulldogged it through MLAC, various legislative subcommittees and ultimately the full legislature. Special Award As mentioned, Marty considered Doug Swanson a good friend, which is why he is honored to receive this award from his peers, although he considers it a little bittersweet. It makes me sad beyond belief that he s not here, Alvey said. The way he lived his life and his commitment to the profession was well known. I truly consider this an honor. Mobility Unlimited Seeks Disabled, Working Oregonians If any of your clients are having trouble getting to work due to their physical disability, they may qualify for assistance through Mobility Unlimited, which is a Medford nonprofit agency serving the state of Oregon. Mobility Unlimited has funding available for mobility projects to adults meeting certain criteria. The awards are restricted to assisting physically disabled working adults in independently transporting themselves to the workplace. The agency strives to ensure self-sufficiency by providing assistive driving hand controls, motorized wheelchair lifts, motorized wheelchairs, scooters, ramps and other mobility equipment. Refer all requests to Sherry Serkes at (877) or visit the agency s website at

4 4 SIDEBAR July/August 2008 Contingency Fees Continued from page 1 Our unmatched legal team challenged every illegal action. In the end, our opponents backed down when faced with sound and complete legal argument. There will be no lawsuit, this campaign is over. THANK YOU THANK YOU THANK YOU Thank you to all who built the war chest by writing checks and making pledges. Thanks to the painstaking work of contacting and calling every OTLA member, and asking people Griffin Continued from page 2 prior to serving as custodians. In 2002 the Portland Public Schools decided that they didn t need the services of these qualified civil servants and opted to replace them with a private janitorial firm in violation of Oregon law. Pretty much, the school district said, We don t need you. You re not an important part of the education system, to this group of workers, Griffin said. Well, after a five-year process (completed in 2007) we got them their back pay and also their dignity. to do more than they had ever done before. We knew from the beginning that we could beat this thing on the merits, and we committed to fight it on all fronts. Even so, we never imagined that we would cross the victory line in July. Your work, your commitment, and your discipline got us the win. It s a story we can proudly tell and re-tell for a long time to come. As we ve met and worked and talked about this campaign, one recurring theme has emerged: We are all tired of playing defense. It is time to talk about proactive efforts. To that end, stay tuned for your invitation to a future strategy session to discuss where we go from here. Again, congratulations and thank you. Signed, Brian Dretke Bill Gaylord Don Jacobs Jane Paulson David Sugerman Mark Griffin (far right) and law partner Jim McCandlish (sixth from left in back row) are pictured with some of the Three Mile Canyon workers they represented. Mark is pictured with his wife, Sandi. Along with McCandlish, Griffin also took on the Columbia River Dairy to secure fair wages, overtime pay and a nondiscriminatory workplace. In a series of cases, Griffin and McCandlish stopped the dairy s practice of only employing men to work with cattle and helped break up the dairy s partnership after one of the partners made disparaging remarks against women. The dairy then retaliated against the employees who reported the remarks. When workers tried to form a union and union organizers and sympathizers were fired, Griffin and McCandlish were there again. The firm also challenged and beat the dairy s practice of misclassification of workers to deny overtime pay. These farm workers were mostly migrants and the dairy treated them as fungible. They were treated like cogs in a big machine and not like human beings with dignity. Now, they have a union and they have respect. And, from what I ve heard, it s a better work environment and a better business enterprise. Griffin also was a prominent figure (along with Goldsmith and Hope DeCarlo) in the Vasquez v. Beneficial Finance of Oregon case. The Vasquez family owned their home but needed a new roof. They went to Beneficial to refinance their mortgage to pay for the roof. Beneficial preyed on this couple who couldn t read or write English. The company sold them a loan they couldn t afford and they almost lost their house. In 2004 a jury found Beneficial negligent and awarded punitive damages. On the surface, this looks like it could be a unique case but when you dig deeper, you find an institutionally corrupt way of conducting business within the mortgage industry. This wasn t a fluke. It was a business plan, Griffin said. The structure in place encouraged and enabled fraud. An Honor For Griffin After 32 years of working as a lawyer and 20 years in private practice, Griffin said he believes he has done some good things and he s not going anywhere. He added that there is a lot of work left to be done and he is honored to be chosen for the Arthur H. Bryant Public Justice Award. It s always good to be recognized by your peers and it s an honor to be recognized in the same year as Elden Rosenthal (winner of this year s Distinguished Trial Lawyer). Now, I guess I have to live up to the expectations that come with this award.

5 Nick Kahl House District 49 Nick Kahl, a candidate for House District 49, has spent most of his career in the business of helping others. Now, he s working his way through the law school at Lewis & Clark. However, just because he waited to attend law school doesn t mean his interest in law is something new. I ve always been interested in law and public speaking, Kahl said. Being a lawyer has been something I ve been after for a long time. I m drawn to the profession as I have a deep interest in ensuring all citizens have access to justice. Those who are disadvantaged financially deserve the same access as the big dogs. This fight for representation really appeals to me. Clearly, Nick s passion for law, as well as his belief in the courthouse doors being open to everyone, puts him in step with the philosophy of OTLA. And, in fact, Kahl is a student member of OTLA. He understands the magnitude of the ballot measure capping contingency fees at 10 percent, which will be back in I oppose the ballot measure unequivocally, Kahl strongly stated. Everyone deserves their day in court and the trial lawyer community allows that to happen. You can t just deny access to the legal process for a whole group of people. And, it s more than just the economic consequences for these financially disadvantaged people, it s that this measure marginalizes them as well. In fact, Kahl added that he s opposed to any type of caps. He called caps red herring issues that allow those in favor of caps to stay away from the real, major issues facing Oregonians. He says caps simply use trial lawyers as scapegoats and take away everyone s opportunity to be Nick Kahl made whole again and to have a voice. People need to be able to regain their dignity and to be vindicated. Caps of any kind take this away, he said. We need to leave decisions in the hands of juries. Important Issues Kahl has spent his life as an East Multnomah County resident and has seen first-hand the struggles his constituency faces everyday. People here are hard workers. They believe in public schools and deserve affordable health care, Kahl said. Kahl is a product of the public school system graduating from David Douglas High School. He attended Mount Hood Community College (where he played bass in the jazz band) and completed his coursework July/August 2008 SIDEBAR 5 at Portland State University earning his degree in After graduation, Kahl worked for the nonprofit school Serendipity Center located at 148th and Division. The time he spent in the classroom taught him about the daily struggles and pressures facing disadvantaged children. He taught classes, ran cocurricular activities and worked oneon-one with emotionally and developmentally challenged children. Kahl understands that one injury to a working-class employee can spell financial doom for that person and his or her family. He is dedicated to working for affordable health care for everyone. Kahl adds that he has seen too many good-paying jobs with benefits leaving the East County area. He is dedicated to bringing jobs back to the area. His friends and family live here and he wants to ensure their children have the opportunity to raise a family here as well. Political Experience So, between his school and work experiences, you might think Kahl is a newcomer to the world of politics. Think again. He is currently a Precinct Committee Person and Recording Secretary of the Multnomah County Democratic Party. He has worked as a staff assistant to Multnomah County Commissioner Jeff Cogen. His combination of dedication to East County and grassroots background make Nick a strong candidate to win House District 49. His understanding of the civil justice system and open access to the courts make him a friend and ally of working Oregonians. To donate or for more information on Nick Kahl and his campaign, visit Save Paper, Go Electronic We heard from our membership they were receiving too many s and many were not getting to the electronic issue of Sidebar. We want to make it convenient for members to stay informed about the latest OTLA news. However, if you would like to save us the cost of printing and mailing a copy to you, please and you will be added to our electronic mailing only database. This means Sidebar will be delivered to your box not in your mail box. No matter how you receive Sidebar, be sure to read it every month to stay up to date on the latest developments within your professional association.

11 July/August 2008 SIDEBAR 11 Once Around: News about OTLA Members Ray Thomas and Jim Coon cycled up the hot back side of Bald Peak June 29 as part of the Livestrong Challenge, Lance Armstrong s Portland ride against cancer. Jim finished Swanson Thomas & Coon Team the century ride with a lot of drafting off Ray s large, strong sons, Frank and Chris. Ray traded the glories of the finish for more useful donkey-feeding duties on Blooming Fern Hill Road. Kim Tucker, Scott Tucker, Bruce Morris, Vic Swanson and Tanya Colvin carried the Swanson Thomas & Coon colors in the 40-mile ride and the 5K power walk. o Anderson Hansell PC is proud to announce Eva J. Temple has joined the firm as a shareholder. The firm has changed its name to Anderson Hansell Temple PC. Eva has been practicing law since Her practice will continue to concentrate on civil litigation, estate planning, probate and business planning. o Linda Weimar has moved her offices to a new location in central Washington County. Her new address and contact info is Weimar Law Offices, NW Cornell Road, Suite 160, Beaverton, OR 97006, (503) (phone) and (503) (fax). Her and website (www.weimarlaw.com) remain the same. Linda continues to specialize in personal injury law and is licensed in Oregon and Washington. She offers her services as an arbitrator in personal injury and other civil litigation disputes. o Bill Berkshire and Mark Ginsberg are proud to announce that they have merged their two firms and become Berkshire Ginsberg, Attorneys at Law, LLC. They will continue with their personal injury litigation practice. Bill is also now available as an arbitrator and mediator, and Mark will continue his specialty in bicycle collision litigation. They can be reached at 1216 SE Belmont St., Portland OR 97214, phone (503) or (503) , and fax (503) o Angela L. Engstrom is pleased to announce she recently completed her reciprocity to practice in Washington, Angela Engstrom and is moving her firm and joining with Bill Montecucco in Vancouver. She will continue to practice in plaintiff s personal injury, traffic ticket and misdemeanor defense and wills. Her new mailing address is 405 W. 13th St., Vancouver, WA Phone: (360) Fax: (360) will stay the same at all-lawyer.com. o Chris Frost returned to representing injured workers in May when she accepted a position with Swanson Thomas and Coon. She is pleased once again to be a member of OTLA. Chris practiced with Peter Hansen for many years before starting her own firm and then joining the Workers Compensation Board as a staff attorney in In addition to practicing law, Chris has been an organizer on fair trade issues and health care reform and is pleased to be bringing these activist qualities along with her background in Workers Compensation law to the firm. o Lawrence Howard, the leasttalented member of Wood Vibrations Marimba Band, will perform live Wood Vibrations in Irving Park (NE 7th Avenue and Fremont) on Friday, August 22. The seven members of Wood Vibrations play mostly Zimbabwean music on their hand-made bass, baritone, tenor and soprano marimbas. The free performance is offered in conjunction with Portland Parks & Recreation s popular Big Screen On The Green program, which brings free movies to various neighborhood parks. Wood Vibrations will be the pre-movie entertainment, beginning at 6:30 p.m.; The Mask of Zorro will begin at dusk around 8:45 p.m. Lawrence lives in the Irvington neighborhood, and when he s not playing with Wood Vibrations or bringing professional storytelling to Portland audiences with Portland Story Theater, he is happily employed as a paralegal at Gaylord Eyerman Bradley PC. The members of Wood Vibrations are pictured and they include (from left): Lawrence Howard, Amy Zilk, Lynne Duddy, Usha Noble, Brian Santo, and Rachel Sakry. Missing is Borden Beck.

12 OREGON TRIAL LAWYERS ASSOCIATION 1020 SW Taylor, Suite 400 Portland OR PRSRT STD US Postage PAID Portland OR Permit No. 816 Convention Countdown Annual Convention Featuring Focus Group Expert Jim Lees The OTLA Annual Convention in downtown Portland is just weeks away. As you prepare to attend this event or if you are still considering being a part of this informative and fun three-day experience, think about the 14 CLE credit hours you ll receive by attending, as well as the wealth of knowledge offered from the dynamic speakers on hand. One of those speakers is Jim Lees, a nationally recognized presenter who puts the focus on focus groups. Lees is a partner at Hunt & Lees L.C. in Charleston, W. Va. He specializes in litigation with an emphasis on consumer issues and has taught trial litigation skills in more than 30 states as well as in Canada. In addition, Lees has personally tried more than 250 jury trials to verdict throughout the United States. Lees is a graduate of West Virginia University (1974) and he earned his law degree from Wake Forest University School of Law in He has served West Virginia several times as a Special Prosecutor and is a frequent lecturer and teacher of trial tactics throughout the United States, including teaching at the National College of Advocacy s Ultimate Trial College at Harvard Law School and Duke Law School. Lees is speaking at 9 a.m. on Friday, August 15. His discussion about focus groups is scheduled to encompass two hours. At this year s convention Mr. Lees will share the secrets of running focus groups, developing litigation strategies from the results, and successfully implementing those strategies to achieve winning verdicts, said Brian Dretke, OTLA Board member. This comprehensive CLE presentation is designed for all levels of trial experience and Jim will share tips, insights and demonstrations of successful litigation techniques with you. We are very fortunate to have Jim Lees at this year s convention. Jim is a nationally recognized expert in conducting focus groups to develop winning trial strategies. I know this first hand from working with Jim on a case against Wal-Mart last year. His insight was invaluable. The best part is that Jim s methods don t require tens of thousands of dollars to implement and they are really effective. Everyone will benefit from attending Jim s presentation. Of course, the convention features some of the best state-wide trial lawyers speaking as well, including Steve Piucci, Dana Sullivan, Don Corson, Robert Neuberger, Jane Paulson, Chris Moore, Linda Love and many more. Plus, this year s convention once again is filled with great social events including the Welcome Reception and BBQ at OMSI, the New Lawyer Social at the Grand Central Bowl, the Women s Caucus Social at the Eliot, the President s Circle reception at the Portland Art Museum, the Awards Lunch and the always entertaining Saturday Night Party. For those of you who have attended in the past, this year s convention is sure to rank high in terms of education and socializing. And, for those of you who haven t attended, this is the perfect year to give it a try as this event hasn t taken place in Portland in years.

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